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Maintenance of parents and elderly people

When a child is born it is the duty of parents to take care of the
child. On the same footing later on it is the duty of the children to take care
of their parents. Preventive destitution in society is one of the major objectives
of social legislation. Thus, section 125 of Code of Criminal Procedure, 1973
was enacted. It casts a duty upon children to maintain their parents. Code of
Criminal Procedure is a secular law and applies on all persons irrespective of
their religion.

Relevant provision of Code of Criminal Procedure is section 125(1)(d)

“If any person having sufficient
means neglects or refuses to maintain- his father or mother, unable to
maintain himself or herself, a Magistrate of the first class may, upon proof of
such neglect or refusal, order such person to make a monthly allowance for the
maintenance of his wife or such child, father or mother, at such monthly rate
not exceeding five hundred rupees in the whole, as such Magistrate thinks fit,
and to pay the same to such person as the Magistrate may from time to time
direct.”

Important Judgments

1. Dr. Vijaya Manohar Arbat v. Kashirao Rajaram Sawai & anr.,
1987 SC

Supreme Court held that “Daughter is also liable to pay maintenance
to parents”.

Bombay HC said that “fulfillment of parental obligation is not a
pre-condition to claim maintenance”.

Hindu Adoptions and Maintenance Act,
1956

Section 20 of
Hindu Adoptions and Maintenance Act, 1956 also puts a duty on children to
maintain their aged and infirm parents. Under this section “parent” includes a
childless step-mother. However this section applies on Hindus only and is not
secular like Code of Criminal Procedure.

Maintenance and Welfare of Parents and Senior Citizens Act,
2007

However, section
125 of Code of Criminal Procedure is silent on maintenance of senior citizens
as it only provides maintenance to parents. So this means that people who are
childless and who despite having heirs to their property cannot seek refuge and
remedy under Code of Criminal Procedure. Keeping in view this problem Government
enacted Maintenance and Welfare of
Parents and Senior Citizens Act, 2007. As per
section 4 of this Act, a childless senior citizen can claim maintenance from
the heirs of his property. This Act casts obligations on children to maintain their
parents/grandparents and also the relative of the senior citizen to maintain
such senior citizens. The main attraction of this Act is that there are
provisions to protect the life and property of such persons. This Act also
provides setting up of old age homes for providing maintenance to the indigent
senior citizens and parents.

Conclusion

Taking care and providing
maintenance to parents is not only a legal duty but also moral duty of the
children. Apart from biological father and mother, now even adoptive mother and
step-mother are also entitled to claim maintenance. The parliament and Courts are taking care of the rights of
the parents and elderly people. It is evident from the recent judicial
decisions that the Indian courts have been progressively liberal in deciding
cases pertaining to maintenance.

Maintenance of parents and elderly people
Reviewed by Rahul Tanwar
on
22:56
Rating: 5